RAJA AMER KHAN vs FEDERATION OF PAKISTAN through Secretary, Law and Justice Division, Ministry of Law and Just

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

RAJA AMER KHAN VS FEDERATION OF PAKISTAN through Secretary, Law and Justice Division, Ministry of Law and Justice, Islamabad S. 3---Constitution of Pakistan, Art. 184(3)---Supreme Court (Practice and Procedure) Act, 2023 ('the Act'), constitutionality of---Constitutional petitions before the Supreme Court challenging the constitutionality of the Act---Reading down of section 3 of the Act---An important aspect which needs to be addressed and read down is the provision contained under Section 3 of the Act which elucidates that any matter invoking the exercise of original jurisdiction under Article 184(3) of the Constitution shall be first placed before the Committee constituted under Section 2 for examination, and if the Committee is of the view that a question of public importance with reference to enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II of the Constitution is involved, it shall constitute a Bench comprising not less than three Judges of the Supreme Court which may also include the members of the Committee, for adjudication of the matter---This is perturbing for the reason that if the Committee administratively decides not to fix a particular matter before the Court because, in their point of view, no question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II of the Constitution is made out, then in that eventuality the matter ends without any further judicial scrutiny or order---Obviously, no appeal lies in Chamber before a single judge in terms of Supreme Court Rules, 1980 on the refusal of Committee to entertain a matter---Therefore, where the Committee refuses to entertain or fix a case, then in such a situation the matter should be fixed before the Court for judicial scrutiny regarding whether any case is made out to exercise the original jurisdiction of the Supreme Court under Article 184(3) of the Constitution; and since the matter is taken up by the Committee on the administrative side, therefore, in case of refusal, the matter may be fixed before any available three-member bench, not including the members of the Committee, on the judicial side.

RAJA AMER KHAN vs FEDERATION OF PAKISTAN through Secretary, Law and Justice Division, Ministry of Law and Justice, Islamabad S — 2025 PLD 869 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2025 PLD